This
matter is before the Court upon the motion of plaintiff
Yliyah Ben Yisrayl, an inmate at Forrest Medium Security
Center at Forrest City, Arkansas, for leave to commence this
action without payment of the required filing fee. For the
reasons stated below, the Court finds that plaintiff does not
have sufficient funds to pay the entire filing fee and will
assess an initial partial filing fee of $1.00. See
28 U.S.C. § 1915(b)(1). Furthermore, based upon a review
of the amended complaint, the Court finds that the amended
complaint should be dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B).

28
U.S.C. § 1915(b)(1)

Pursuant
to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil
action in forma pauperis is required to pay the full amount
of the filing fee. If the prisoner has insufficient funds in
his or her prison account to pay the entire fee, the Court
must assess and, when funds exist, collect an initial partial
filing fee of 20 percent of the greater of (1) the average
monthly deposits in the prisoner's account, or (2) the
average monthly balance in the prisoner's account for the
prior six-month period. After payment of the initial partial
filing fee, the prisoner is required to make monthly payments
of 20 percent of the preceding month's income credited to
the prisoner's account. 28 U.S.C. § 1915(b)(2). The
agency having custody of the prisoner will forward these
monthly payments to the Clerk of Court each time the amount
in the prisoner's account exceeds $10, until the filing
fee is fully paid. Id.

Plaintiff
has failed to submit a certified copy of his account
statement, stating that his correctional institution has
refused to provide him with such. As a result, the Court will
require plaintiff to pay an initial partial filing fee of
$1.00. See Henderson v. Norris, 129 F.3d 481, 484
(8th Cir. 1997) (when a prisoner is unable to provide the
Court with a certified copy of his prison account statement,
the Court should assess an amount “that is reasonable,
based on whatever information the court has about the
prisoner's finances.”). If plaintiff is unable to
pay the initial partial filing fee, he must submit a copy of
his prison account statement in support of his claim.

28
U.S.C. § 1915(e)

Pursuant
to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a
complaint filed in forma pauperis if the action is frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief against a defendant who is
immune from such relief. An action is frivolous if “it
lacks an arguable basis in either law or in fact.”
Neitzke v. Williams, 490 U.S. 319, 328 (1989). An
action is malicious when it is undertaken for the purpose of
harassing litigants and not for the purpose of vindicating a
cognizable right. Spencer v. Rhodes, 656 F.Supp.
458, 461-63 (E.D. N.C. 1987), aff=d826 F.2d 1059
(4th Cir. 1987).

To
determine whether an action fails to state a claim upon which
relief can be granted, the Court must engage in a two-step
inquiry. First, the Court must identify the allegations in
the complaint that are not entitled to the assumption of
truth. Ashcroft v. Iqbal, 129 S.Ct. 1937, 1950-51
(2009). These include “legal conclusions” and
“[t]hreadbare recitals of the elements of a cause of
action [that are] supported by mere conclusory
statements.” Id. at 1949. Second, the Court
must determine whether the complaint states a plausible claim
for relief. Id. at 1950-51. This is a
“context-specific task that requires the reviewing
court to draw on its judicial experience and common
sense.” Id. at 1950. The plaintiff is required
to plead facts that show more than the “mere
possibility of misconduct.” Id. The Court must
review the factual allegations in the complaint “to
determine if they plausibly suggest an entitlement to
relief.” Id. at 1951. When faced with
alternative explanations for the alleged misconduct, the
Court may exercise its judgment in determining whether
plaintiff's proffered conclusion is the most plausible or
whether it is more likely that no misconduct occurred.
Id. at 1950, 1951-52.

The
Amended Complaint

Plaintiff,
an inmate at Forrest Medium Security Center at Forrest City,
Arkansas, brings this action pursuant to 42 U.S.C. §
1983 alleging violations of his civil rights. The sole
defendant in this action is Saint Genevieve County Jail.
Plaintiff sues defendant in its official capacity.

Plaintiff
states that he was incarcerated at Saint Genevieve County
Jail in May 2017, and he was suffering from shingles on his
right leg. He claims he requested a bottom bunk, but was
denied a bottom bunk and assigned a top bunk in a
“3-man bunk.” On June 2, 2017, plaintiff asserts
he was descending from his bunk when his right leg began to
“give out on him.” Plaintiff asserts he tried to
catch himself with his right arm, which caused a separation
of his shoulder joint.

Plaintiff
states that although he was given medical attention for his
painful shoulder and prescribed medication, he refused to
take the medication because he was not told the side effects
of the medication. Plaintiff blames his injury on
defendant's failure to assign him a bottom bunk. He seeks
“one million U.S. dollars” in damages for his
injury.

Discussion

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Plaintiff
has brought this action against the Saint Genevieve County
Jail. Plaintiff&#39;s claim against the jail is legally
frivolous because it cannot be sued. See Ketchum v. City
of WestMemphis, Ark., 974 F.2d 81, 82 (8th
Cir. 1992) (departments or subdivisions ...

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